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LOCAL GOVERNMENT ACT 1993 - SECT 339E Complaints against non-compliance or offence

LOCAL GOVERNMENT ACT 1993 - SECT 339E

Complaints against non-compliance or offence

(1)  A person may make a complaint to the Director –
(a) that a council, councillor or general manager has failed to comply with requirements under this or any other Act; or
(b) that a councillor, general manager or employee of a council may have committed an offence under this Act.
(2)  A complaint must –
(a) be in writing; and
(b) identify the complainant and the person against whom the complaint is made; and
(c) give particulars of the grounds of the complaint; and
(d) be verified by statutory declaration; and
(e) be lodged with the Director.
(3)  The Director may require a complainant to give further particulars of the complaint supported by a statutory declaration.
(4)  The Director may determine the procedure for handling complaints, including –
(a) the acceptance and rejection of complaints or any parts of a complaint; and
(b) whether or not an investigation is to be held and, if so, whether to investigate the whole or part only of the complaint; and
(c) the dismissal of complaints.
(5)  Without limiting the power of the Director under subsection (4) to determine the procedure for handling complaints, the Director may dismiss a complaint at any time after receiving it if the Director considers that the complaint is frivolous or vexatious.
(6)  If the Director rejects a complaint, the Director is to notify the complainant, in writing, of the rejection and the reasons for it.